Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has condemned the alleged use of expired teargas canisters by police operatives during last week’s protest against illegal demolitions and forced evictions in the Makoko waterfront area of Lagos.
Falana described the police action as unconstitutional, dangerous and a clear violation of citizens’ rights to peaceful assembly as guaranteed under the 1999 Constitution.
He spoke at the Lagos State University Teaching Hospital (LASUTH) while visiting protesters who sustained injuries during the incident. The protest, organised by activists Comrade Hassan Taiwo, popularly known as Soweto, and Mr. Dele Frank, was staged to draw the attention of the Lagos State Government to alleged unlawful demolitions and forced evictions affecting waterfront communities.
According to reports, the demonstration was peaceful until police operatives allegedly fired teargas canisters at close range, leading to several protesters sustaining injuries. The incident has since attracted condemnation from human rights groups and civil society organisations.
At LASUTH, Falana was briefed on the condition of one of the injured protesters, Mrs. Kafayat Muftaudeen, by a Burns and Plastic Nurse, Mr. Adedeji Hassan. Hassan explained that Mrs. Muftaudeen suffered a severe leg injury and was being discharged from the hospital but would continue treatment through regular wound dressing and weekly medical reviews before undergoing surgery.
“She is fit to go home and will be coming to the hospital weekly for dressing,” Hassan said, adding that she would later undergo skin grafting once the wound had healed.
He further clarified that her discharge was not influenced by financial reasons, noting that her recovery could be better managed at home under medical supervision. Hassan also disclosed that another protester injured during the protest, whose injuries were captured in footage aired by an international news network, had already been discharged.
Reacting to the nature of the injuries, Falana described them as unusual and disturbing. He noted that in over four decades of participating in protests across Nigeria, he had never witnessed teargas canisters inflict such severe injuries.
“The injury I have seen is not normal,” Falana said, raising suspicion that expired teargas canisters may have been used during the operation.
The senior lawyer reiterated that the Nigerian Constitution guarantees citizens the right to freedom of expression and peaceful assembly, stressing that police permits are not required before staging a protest. He referenced a Court of Appeal judgment in All Nigeria Peoples Party v. Inspector-General of Police, which affirmed the right of Nigerians to protest peacefully and declared police permit requirements a remnant of colonial-era laws.
Falana added that under the Police Establishment Act, protest organisers are only required to notify the police, who are legally obligated to provide security rather than suppress lawful demonstrations.
Falana Raises Alarm Over Alleged Use of Expired Teargas on Makoko Protesters
